Second Offense DWI in New Hampshire

New Hampshire refers to impaired driving offenses as DWI—Driving While Intoxicated—under state law. Unlike some states that use DUI (Driving Under the Influence), OWI, or OUI, New Hampshire consistently uses DWI in both legal statutes and court proceedings.

A second DWI offense in New Hampshire occurs when a person is charged with DWI and has a prior DWI conviction within the past ten years. If someone was already found guilty of DWI in the past ten years, the new charge is counted as a second offense.

A second DWI in New Hampshire is much more serious than the first. It is treated as a crime, and the person will face tougher punishments. New Hampshire does this to keep people safe and to stop drivers from making the same dangerous mistake again.

Is a 2nd DWI a Felony in New Hampshire?

No, a second DWI in New Hampshire is not a felony. It is a serious crime, but it is called a misdemeanor under RSA § 265-A:18, IV(a).

It can become a felony if someone gets badly hurt because of the DWI. Other things that make it worse include driving very fast, having a very high alcohol level, trying to run from the police, or having a child in the car. But even with those, it only becomes a felony if someone is seriously injured.

What is the Lookback Period for a Second DWI in New Hampshire?

New Hampshire does have the 10-year lookback period law for DWI. What this signifies is that if a person gets a second DWI within 10 years of getting the first one, it will be classed as a second offense, and the punishment will be far more severe.

This 10-year rule plays an important role in how the court decides the type of charge and how strong the penalty should be. A second DWI during this time is treated as a Class A misdemeanor, which is more serious than a first offense.

What are Aggravating Factors in a Second DWI?

New Hampshire gives harsher punishments for a second DWI if certain aggravating factors are present. These are things that make the situation more dangerous.

Some common examples are:

• Very high alcohol level (0.16% or more)
• Driving way too fast (30 mph or more over the speed limit)
• Hurting someone in a crash
• Trying to get away from the police
• Having a child under 16 in the car

What Happens If You Get a 2nd DWI in New Hampshire

Second DWI in New Hampshire is a Class A misdemeanor under RSA § 265-A:18, IV(a). It carries:

• Mandatory jail time:

≥ 60 days (30 days mandatory) if within 2 years of the first offense

≥ 17 days (5 days mandatory) if 2–10 years after the first offense

• Minimum fine of $750
• Driver's license revocation for at least 3 years
• Ignition interlock device required for 12–24 months upon reinstatement under RSA 265-A:36-I

How Long Does a Second DWI Stay On Your Record in New Hampshire?

A second DWI in New Hampshire stays on a person's criminal record permanently. It is a Class A misdemeanor, and it can affect jobs, housing, professional licenses, and reputation.

The DWI also stays on the driving record for 10 years, which affects penalties for future offenses and raises insurance costs.

Annulment (removal) is possible after 10 years, but only if all penalties are completed and no other crimes have happened since. Even then, courts and police can still see it.

How Much Does a Second DWI Cost in New Hampshire

A second DWI in New Hampshire carries a minimum fine of $750, plus a 24% penalty assessment, bringing the base cost to about $930. Court fees, program costs, and other charges add much more:

• Driver program (IDIP or MOP): $500–$1,000
• Ignition interlock device (IID): $70–$150/month for up to 2 years
• License reinstatement fee: around $100
• Additional court fees and surcharges apply

If there are aggravating factors (like BAC over 0.16, injury, or a child in the car), the fine can go up to $2,000 or more, and all related costs increase. Total expenses for a second DWI often exceed $2,500–$4,000.

Chances of Going to Jail for a Second DWI in New Hampshire

Second DWI convictions in New Hampshire always carry mandatory jail time:

• If it occurs within two years of the first, the driver must serve at least 60 days (30 days in jail, 30 days suspended).
• If it occurs between two and ten years later, the driver must serve at least 17 days (5 days in jail, 12 days suspended).
• In either case, the judge may impose up to one year behind bars.

Aggravating factors—such as a very high blood-alcohol level (0.16%+), a child passenger, fleeing police, or excessive speeding—can lengthen the sentence. If the DWI causes serious injury, it becomes a felony punishable by 3½ to 7 years in prison.

Driver's License Suspension for a Second DWI in New Hampshire

A second DUI in New Hampshire leads to a mandatory 3-year license revocation. During this time, the driver cannot get a hardship or restricted license—those are only allowed for first-time, non-aggravated offenses. To get their license back after 3 years, the person must complete all court requirements, including substance use disorder evaluations, participation in an Impaired Driver Care Management Program (IDCMP), and the installation of an ignition interlock device for a period ranging from 12 to 24 months.

Ignition Interlock Device Requirement

New Hampshire law (RSA § 265-A:36 I) requires anyone convicted of a second DWI to install an ignition interlock device (IID) for at least 12 months and up to 2 years after their license revocation ends. The court sets the length within this range.

If the person was caught driving while their license was suspended or revoked, RSA § 265-A:36 I-a says the IID must stay installed for the rest of that suspension plus another 12 to 24 months.

The offender must pay all costs, including installation, monitoring, and removal.

An IID is a breath-test machine connected to the car's ignition. According to RSA § 259:43-a, it prevents the car from starting if the driver's breath shows alcohol over a set limit (usually around 0.02% BAC). A certificate showing the IID is installed must be sent to the DMV before the license can be reinstated.

DUI School and Substance Abuse Treatment

After a second DWI in New Hampshire, the driver must complete a state-approved DUI education program as required by RSA § 265-A:42. This course usually requires 20 hours minimum teaching about the dangers of alcohol and drug use while driving.

A substance use disorder evaluation is also mandatory under N.H. Admin. Code § He-A 507.03. If the screening shows a risk, the person must complete a full evaluation within 60 days and follow any treatment plan ordered—such as counseling or rehab.

Probation Conditions

New Hampshire law says a person with a second DWI can be put on probation for up to 2 years (RSA § 651:2 V(a)). During this time, they must:

• Check in with a probation officer
• Ask for permission before moving or leaving the state (RSA § 651:2 VI(a)(1))
• Stay away from alcohol and drugs
• Finish DUI school and treatment, if needed (RSA § 265-A:42 and RSA § 651:2(h))

If they break any rules, the court can end probation and send them to jail for up to 30 days (RSA § 651:2(i)).

Community Service Requirements

New Hampshire law RSA § 265-A:18 does not say a person must do community service for a second DWI, but the judge can still order it as part of probation under RSA § 651:2.

If the judge gives community service, it is usually 20 to 40 hours. This might include cleaning parks, helping at a food bank, or working for a town or nonprofit.

If someone owes money in fines, they may be allowed to work it off. Each hour of service can count as $15 toward the fine, following Rule 29(e) of the New Hampshire Criminal Rules.

Impact on Auto Insurance

A second DWI in New Hampshire makes someone a high-risk driver, causing auto insurance rates to nearly double. Many insurers may cancel or refuse to renew the policy. The driver must also file an SR-22 form for five years, and failing to keep it can lead to another license suspension.

Which Courts Handle DWI Cases in New Hampshire?

New Hampshire handles DWI cases in different courts based on how serious the offense is. Most second DWI charges are misdemeanors and are handled by the Circuit Court – District Division. When the case involves serious injury or other major problems, it becomes a felony and is sent to the Superior Court.

Some key courts where DWI cases are commonly processed include the following:

The 6th Circuit Court – District Division in Concord
32 Clinton Street
Concord, NH 03301

The 9th Circuit Court – District Division in Manchester
35 Amherst Street
Manchester, NH 03101

The 9th Circuit Court – District Division in Nashua
30 Spring Street
Suite 101
Nashua, NH 03060

The Merrimack Superior Court in Concord
5 Court Street
Concord, NH 03301

The Rockingham Superior Court in Brentwood
10 Route 125
Brentwood, NH 03833

Each of these courts can be reached by calling the New Hampshire Judicial Branch's central line at (855) 212-1234

In addition to court proceedings, the New Hampshire Division of Motor Vehicles (DMV) is responsible for administrative actions like license suspensions and reinstatements. When a person is arrested for a second DWI, they must request a hearing with the Bureau of Hearings within 30 days to contest the administrative suspension.

The Bureau of Hearings is located at:

33 Hazen Drive
Concord, NH 03305
Phone: (603) 271-2791
email: safety-hearings@dos.nh.gov

Can You Get a DWI on a Horse in New Hampshire?

No. New Hampshire's DWI law (RSA § 265-A:2) only applies to operating a "vehicle" or an off-highway recreational vehicle while impaired. A horse is not defined as a vehicle or OHRV under these statutes, so riding a horse while intoxicated cannot be charged as DWI.